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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-08-2013, 06:24 AM
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Morning everyone,

As I wind and twist my way through 'family law', what are the chance of actually recovering any legal fees?

So for example, I already had a mediated agreement, but (wish I knew they weren't binding) shot down at the end my Ex's lawyer. Presumably to drag this thing on.

My counsel has advised me to ask for legal costs as I agreed to pay the med. in ss and the cs associated with 50/50.


What I'm leery of.....I could see the legal costs to recover money painful and frankly not sure it's worth the time nor agro.

If anyone has had positive/negative results I'd be curious?

thanks in advance ...have a good wknd.
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Old 11-08-2013, 07:39 AM
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You ask for legal costs as a way to motivate the other part to settle. There are consequences if they don't settle, so it may be just what you need.

If you are awarded costs, and they don't pay there are mechanisms to go through to get that money. However, if you want to leave that alone you can to.
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Old 11-08-2013, 10:57 AM
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For people going through a divorce it seems rare to be able to collect on costs even if you win them. And even if you do win costs, it's most often only partial indemnity.

Most of the time the costs aren't forceable through FRO, judges also won't take money away that would hurt the standard of living of the children from whoever gets custody. In cases where there's a significant costs award, all it really does is force one party to declare bankruptcy a little sooner. In which case again, you won't get to collect.

Like everything else in family law, the consequences are pretty soft. The threat of costs is often more effective than actually winning them.

Your mistake was agreeing to pay the mediator to begin with.

And mediated agreements are just as binding as court orders (and can be turned into them with ease) as long as they are signed and witnessed.
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Old 11-08-2013, 11:01 AM
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I would not count on recovering any legal costs, but it is prudent to ask for them.

Make sure you have in writing, reasonable offers to settle, served or delivered to the other party. Ask for costs at each step. If you get them, you get them.

The "offers to settle" would be used, to determine costs rulings, if any. But even if they don't help with "costs determinations", then at least, you have been making offers, to look like the reasonable party, and hey, you never know, maybe your offer will be taken, and you avoid further court action (and the costs to you, that come out of that).
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Old 11-08-2013, 11:03 AM
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Courts of Justice Act - O. Reg. 114/99

See, "Rule 18: Offers to Settle"

I would (if not done already), make an "offer to settle", the same as what you guys *almost* agreed to through your mediation agreement.
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Old 11-08-2013, 02:32 PM
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Quote:
Originally Posted by dad2bandm View Post
I would not count on recovering any legal costs, but it is prudent to ask for them.
I agree.

To that I would add that if a barrister and solicitor (lawyer) tells anyone that they will get you your legal costs... I would recommend you seek another lawyer. To promise a client that their costs will be paid for by the other party is incredibly irresponsible.

Good Luck!
Tayken
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Old 11-08-2013, 02:39 PM
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Quote:
Originally Posted by Tayken View Post
...
To that I would add that if a barrister and solicitor (lawyer) tells anyone that they will get you your legal costs... I would recommend you seek another lawyer. To promise a client that their costs will be paid for by the other party is incredibly irresponsible...
And I agree back. :-) But I would expect a lawyer to suggest that "we'll ask for costs since the party is being unreasonable..."
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